Inslee orders review of prosecutor’s decision not to charge Pasco officers in February shooting death

Gov. Jay Inslee has ordered a review of the decision by Franklin County Prosecutor Shawn Sant, announced Wednesday, not to prosecute three Pasco police officers who shot to death Antonio Zambrano-Montes last February after the orchard worker had thrown rocks at police in a busy intersection.

“I want to ensure that people have confidence and trust in the decision that is made in this case. It is critical that, in the wake of this tragic incident, the community and leaders of the city of Pasco and Franklin County come together and continue their healing,” Inslee said in a letter to state Attorney General Bob Ferguson.

(Warning: The following video shows the moments immediately before and after the shooting. Some readers may find it disturbing.)

The shooting, in which two volleys put 17 bullets into Zambrano-Montes’ body, was captured on cell phone video. It sparked days of protest in the Eastern Washington city; Franklin County is one of two majority-Hispanic counties in the state, although an Anglo power structure remains entrenched.

Zambrano-Montes, 35, resisted stun guns and calls to halt. Evidence of methamphetamine was later found in his system. “The officers used legal force to prevent injuries to themselves and others. Certainly there was no evidence of malice,” Sant said at a news conference.

But investigations of the killing are far from over.

AG Ferguson, in a statement, said: “We will begin our review immediately.” He would not estimate how long it will take, but added: “I am committed to conducting a full and fair review of this matter.”

AG Bob Ferguson: “I am committed to conducting a full and fair review of this matter.”

U.S. Attorney for Eastern Washington Mike Ormsby said his office and the Civil Rights Division of the U.S. Justice Department will continue an “independent review” of the death of Zambrano-Montes, and “conduct any additional investigation necessary to determine whether there exists a prosecutorial violation of federal law.”

One of the three officers involved, Ryan Flanigan, has since resigned from the Pasco police, the Tri-City Herald reported. The two other officers, Adam Wright and Adrian Alaniz, remain on the force.

Zambrano-Montes was a Mexican national but had lived in the Pasco area for more than 10 years. He was, according to the Herald, homeless after a fire had burned down his house.

George Trejo Jr., an attorney for his wife and children, said in a statement: “(Sant’s) claim that there is insufficient evidence to establish any crime behind a reasonable doubt is a pretext for his decision to protect law enforcement from the very beginning of this case. We are not surprised by this decision, but disgusted and disappointed.”

Zambrano-Montes had thrown rocks at police, and a large projectile was found near his body. But a witness, Benjamin Patrick, said later: “It looked like he was turning to put (the rock) down. I think they shot him in the back. That’s what it looked like to me.”

The family of Zambrano-Montes has filed a $25 million lawsuit in U.S. District Court in Spokane, as well as a separate $4.76 million suit against the city of Pasco.

In ordering the AG to review the charging decision, Gov. Inslee said: “I believe Mr. Zambrano-Montes’ family, the community and local law enforcement will all benefit from this effort.”